Common use of Member Minimum Gain Chargeback Clause in Contracts

Member Minimum Gain Chargeback. Except as otherwise provided in Regulations section 1.704-2(i)(4), notwithstanding any other provision of this Article V if there is a net decrease in Member Minimum Gain attributable to a Member Nonrecourse Debt during any Fiscal Year, any Member with a share of that Member Minimum Gain attributable to such a Member Nonrecourse Debt (as determined under Regulations section 1.704-2(i)(5)) as of the beginning of the year shall be allocated items of Company income and gain for such Fiscal Year (and, if necessary, subsequent Fiscal Years) in an amount equal to such Member’s share of the net decrease in Member Minimum Gain, determined in accordance with Regulations section 1.704-2(i)(4). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Member pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 5.2(b) is intended to comply with the partner minimum gain chargeback requirements in the Regulations and shall be interpreted and applied consistently therewith.

Member Minimum Gain Chargeback. Except as otherwise provided in Regulations section Section 1.704-2(i)(4)) or in Section 6.3.A(1) hereof, notwithstanding any other provision of this Article V if there is a net decrease in Member Minimum Gain attributable to a Member Nonrecourse Debt during any Fiscal Year, any each Member with who has a share of that the Member Minimum Gain attributable to such a Member Nonrecourse Debt (as Debt, determined under in accordance with Regulations section Section 1.704-2(i)(5)) as of the beginning of the year , shall be specially allocated items of Company income and gain for such Fiscal Year year (and, if necessary, subsequent Fiscal Yearsyears) in an amount equal to such Member’s 's share of the net decrease in Member Minimum GainGain attributable to such Member Nonrecourse Debt, determined in accordance with Regulations section Section 1.704-2(i)(4). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Member pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations sections 1.704-2(f)(6Sections 1.704- 2(i)(4) and 1.704-2(j)(2). This Section 5.2(b) is intended to comply with the partner minimum gain chargeback requirements in the Regulations and shall be interpreted and applied consistently therewith.6.3.A

Member Minimum Gain Chargeback. Except as otherwise To the extent and in the manner provided in Regulations section Section 1.704-2(i)(4)) of the Regulations, notwithstanding any other provision of this Article V if there is a net decrease in Member Minimum Gain attributable to a Member Nonrecourse Debt Liability during any Fiscal Yearfiscal year, any each Member with who has a share of that the Member Minimum Gain attributable to such a Member Nonrecourse Debt (as determined under Regulations section 1.704-2(i)(5)) as of the beginning of the year Liability shall be specially allocated items of Company income and gain for such Fiscal Year fiscal year (and, if necessary, subsequent Fiscal Yearsfiscal years) in an amount equal to such Member’s 's share of the net decrease in Member Minimum GainGain attributable to such Member Nonrecourse Liability, determined in accordance with Regulations section Section 1.704-2(i)(4). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Member pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations sections Sections 1.704-2(f)(62(i)(4) and an 1.704-2(j)(2)) of the Regulations. This Section 5.2(b) is intended to comply with the partner minimum gain chargeback requirements requirement in Section 1.704-2(i)(4) of the Regulations and shall be interpreted and applied consistently therewith.

Member Minimum Gain Chargeback. Except as otherwise provided in Regulations section Section 1.704-2(i)(4), notwithstanding any other provision of this Article V VII, if there is a net decrease in Member Nonrecourse Debt Minimum Gain attributable to a Member Nonrecourse Debt during any Fiscal Year, any Member with each Person who has a share of that the Member Nonrecourse Debt Minimum Gain attributable to such a Member Nonrecourse Debt (as Debt, determined under in accordance with Regulations section Section 1.704-2(i)(5)) as of the beginning of the year , shall be specially allocated items of Company income and gain for such Fiscal Year (and, if necessary, subsequent Fiscal Years) in an amount equal to such MemberPerson’s share of the net decrease in Member Nonrecourse Debt Minimum GainGain attributable to such Member Nonrecourse Debt, determined in accordance with Regulations section Section 1.704-2(i)(4). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Member pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations sections Sections 1.704-2(f)(62(i)(4) and 1.704-2(j)(2). This Section 5.2(b7.2(b) is intended to comply with the partner minimum gain chargeback requirements requirement in the Regulations Section 1.704-2(i)(4) and shall be interpreted and applied consistently therewith.

Member Minimum Gain Chargeback. Except as otherwise provided in Regulations section 1.704-2(i)(4), notwithstanding any other provision of this Article V VI if there is a net decrease in Member Minimum Gain attributable to a Member Nonrecourse Debt during any Fiscal Year, any Member with a share of that Member Minimum Gain attributable to such a Member Nonrecourse Debt (as determined under Regulations section 1.704-2(i)(5)) as of the beginning of the year shall be allocated items of Company income and gain for such Fiscal Year (and, if necessary, subsequent Fiscal Years) in an amount equal to such Member’s share of the net decrease in Member Minimum Gain, determined in accordance with Regulations section 1.704-2(i)(4). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Member pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 5.2(b6.2(b) is intended to comply with the partner minimum gain chargeback requirements in the Regulations and shall be interpreted and applied consistently therewith.

Member Minimum Gain Chargeback. Except as otherwise provided in Regulations section Section 1.704-2(i)(4)) of the Regulations, and notwithstanding any other provision of this Article V Section 7.2, if there is a net decrease in Member Minimum Gain attributable to a Member Nonrecourse Debt during any Fiscal Yearfiscal year, any each Member with who has a share of that the Member Minimum Gain attributable to such a Member Nonrecourse Debt (as Debt, determined under Regulations section in accordance with Section 1.704-2(i)(5)2(i) as (5) of the beginning of the year Regulations, shall be specially allocated items of Company income and gain for such Fiscal Year fiscal year (and, if necessary, subsequent Fiscal Yearsfiscal years) in an amount equal to such Member’s 's share of the net decrease in Member Minimum GainGain attributable to such Member Nonrecourse Debt, determined in accordance with Regulations section Section 1.704-2(i)(4). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Member pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations sections Sections 1.704-2(f)(62(i) (4) and 1.704-2(j)(2)) of the Regulations. This Section 5.2(b) is intended to comply with the partner minimum gain chargeback requirements in the Regulations and shall be interpreted and applied consistently therewith.This

Member Minimum Gain Chargeback. Except as otherwise provided ------------------------------ in Regulations section Section 1.704-2(i)(4)) or in Section 6.3.A(1) hereof, notwithstanding any other provision of this Article V if there is a net decrease in Member Minimum Gain attributable to a Member Nonrecourse Debt during any Fiscal Year, any each Member with who has a share of that the Member Minimum Gain attributable to such a Member Nonrecourse Debt (as Debt, determined under in accordance with Regulations section Section 1.704-2(i)(5)) as of the beginning of the year , shall be specially allocated items of Company income and gain for such Fiscal Year year (and, if necessary, subsequent Fiscal Yearsyears) in an amount equal to such Member’s 's share of the net decrease in Member Minimum GainGain attributable to such Member Nonrecourse Debt, determined in accordance with Regulations section Section 1.704-2(i)(4). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Member pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations sections Sections 1.704-2(f)(62(i)(4) and 1.704-1.704- 2(j)(2). This Section 5.2(b) is intended to comply with the partner minimum gain chargeback requirements in the Regulations and shall be interpreted and applied consistently therewith.Section

Member Minimum Gain Chargeback. Except as otherwise provided in Regulations section Section 1.704-2(i)(4)) or in Section 6.3.A(1) hereof, notwithstanding any other provision of this Article V if there is a net decrease in Member Minimum Gain attributable to a Member Nonrecourse Debt during any Fiscal Year, any each Member with who has a share of that the Member Minimum Gain attributable to such a Member Nonrecourse Debt (as Debt, determined under in accordance with Regulations section 1.704-Section 1.704- 2(i)(5)) as of the beginning of the year , shall be specially allocated items of Company income and gain for such Fiscal Year year (and, if necessary, subsequent Fiscal Yearsyears) in an amount equal to such Member’s 's share of the net decrease in Member Minimum GainGain attributable to such Member Nonrecourse Debt, determined in accordance with Regulations section 1.704-Section 1.704- 2(i)(4). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Member pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations sections Sections 1.704-2(f)(62(i)(4) and 1.704-2(j)(2). This Section 5.2(b) is intended to comply with the partner minimum gain chargeback requirements in the Regulations and shall be interpreted and applied consistently therewith.Section

Member Minimum Gain Chargeback. Except as otherwise provided in Regulations section Section 1.704-2(i)(4), notwithstanding any other provision of this Article V Agreement, if there is a net decrease in Member Nonrecourse Debt Minimum Gain attributable to a Member Nonrecourse Debt during any Fiscal Year, any each Member with who has a share of that the Member Nonrecourse Debt Minimum Gain attributable to such a Member Nonrecourse Debt (as Debt, determined under in accordance with Regulations section Section 1.704-2(i)(5)) as of the beginning of the year , shall be specially allocated items of Company income and gain for such Fiscal Year (and, if necessary, subsequent Fiscal Years) in an amount equal to such Member’s share of the net decrease in Member Nonrecourse Debt Minimum GainGain attributable to such Member Nonrecourse Debt, determined in accordance with Regulations section Section 1.704-2(i)(4). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Member pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations sections Sections 1.704-2(f)(62(i)(4) and 1.704-2(j)(2). This Section 5.2(b) is intended to comply with the partner minimum gain chargeback requirements in the Regulations and shall be interpreted and applied consistently therewith.1.704-

Member Minimum Gain Chargeback. Except as otherwise provided in Regulations section 1.704-2(i)(4), notwithstanding Notwithstanding any other provision of this Article V IV except Section 4.3(a), if there is a net decrease in Member Minimum Gain attributable to a Member Nonrecourse Debt during any Fiscal Yearfiscal year, any then, to the extent required by Regulations Section 1.704-2(i)(4), each Member with who has a share of that the Member Minimum Gain attributable to such a Member Nonrecourse Debt (as Debt, determined under in accordance with Regulations section Section 1.704-2(i)(5)) as of the beginning of the year , shall be specially allocated items of Company income and gain for such Fiscal Year year (and, if necessary, subsequent Fiscal Yearsyears) in an amount equal to such Member’s share of the net decrease in Member Minimum GainGain attributable to such Member Nonrecourse Debt, determined in accordance with Regulations section Section 1.704-2(i)(4). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Member pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations sections Sections 1.704-2(f)(62(i)(4) and 1.704-2(j)(22(j). This Section 5.2(b4.3(b) is intended to comply with the partner minimum gain chargeback requirements requirement in the Regulations Section 1.704-2(i)(4) and shall be interpreted and applied consistently therewith.

Member Minimum Gain Chargeback. Except as otherwise provided in Regulations section 1.704-2(i)(4), notwithstanding any other provision of this Article V if If there is a net decrease in Member Nonrecourse Debt Minimum Gain attributable to a Member Nonrecourse Debt during any Fiscal YearCompany taxable year, any each Member with who has a share of that the Member Nonrecourse Debt Minimum Gain attributable to such a Member Nonrecourse Debt (as Debt, determined under Regulations section in accordance with Regulation Section 1.704-2(i)(5)) as of the beginning of the year , shall be specially allocated items of Company income and gain for such Fiscal Year year (and, if necessary, subsequent Fiscal Yearsyears) in an amount equal to such Member’s share of the net decrease in Member Minimum Gain, determined in accordance with Regulations section Regulation Section 1.704-2(i)(4). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Member pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations sections Regulation Section 1.704-2(f)(62(i)(4) and 1.704-2(j)(2). This Section 5.2(bB.3(c) is intended to comply with the partner minimum gain chargeback requirements requirement in the Regulations Regulation Section 1.704-2(i)(4) and shall be interpreted and applied consistently therewith.

Member Minimum Gain Chargeback. Except as otherwise provided in Regulations section Regulation § 1.704-2(i)(4), notwithstanding any other provision of this Article V if there is a net decrease in Member Nonrecourse Debt Minimum Gain attributable to a Member Nonrecourse Debt during any Company Fiscal Year, any each Member with who has a share of that Member Minimum Gain attributable to such a Member Nonrecourse Debt (as Minimum Gain, determined under Regulations section in accordance with Regulation § 1.704-2(i)(5)) as of the beginning of the year , shall be specially allocated items of Company income and gain for such Fiscal Year year (and, if necessary, subsequent Fiscal Yearsyears) in an amount equal to such Member’s 's share of the net decrease in Member Nonrecourse Debt Minimum Gain, determined in accordance with Regulations section Regulation § 1.704-2(i)(4). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Member pursuant thereto. The items to be so allocated, and the manner in which those items are to be allocated among the Members, shall be determined in accordance with Regulations sections §§ 1.704-2(f)(62(i)(4) and 1.704-2(j)(2). This Section 5.2(b) is intended to comply with the partner minimum gain chargeback requirements in the Regulations and shall be interpreted and applied consistently therewith.Section

Member Minimum Gain Chargeback. Except as otherwise provided in Regulations section 1.704-2(i)(4), notwithstanding Notwithstanding any other provision of Section 5.1 of this Article V Agreement, if there is a net decrease in Member Minimum Gain attributable to a Member Nonrecourse Debt during any Fiscal Year, any each Member with who has a share of that the Member Minimum Gain attributable to such a Member Nonrecourse Debt (as Debt, determined under in accordance with Regulations section Section 1.704-2(i)(5)) as of the beginning of the year , shall be specially allocated items of Company income and gain for such Fiscal Year year (and, if necessary, subsequent Fiscal Yearsyears) in an amount equal to such Member’s share of the net decrease in Member Minimum GainGain attributable to such Member Nonrecourse Debt, determined in accordance with Regulations section Section 1.704-2(i)(42(i)(5). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Member pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations sections 1.704-2(f)(6) and 1.704-2(j)(2Section 1.704- 2(i)(4). This Section 5.2(b5.1(c)(ii) is intended to comply with the partner minimum gain chargeback requirements requirement in the Regulations Section 1.704-2(i) and shall be interpreted and applied consistently therewith.

Member Minimum Gain Chargeback. Except as otherwise provided in Regulations section 1.704-2(i)(4), notwithstanding Notwithstanding any other provision of this Article V Section 3.01 except Section 3.01(c)(i), if there is a net decrease in Member Minimum Gain attributable to a Member Nonrecourse Debt during any Fiscal YearPeriod, any each Member with a share of that the Member Minimum Gain attributable to such a Member Nonrecourse Debt (as Debt, determined under Regulations section in accordance with Section 1.704-2(i)(5)) as of the beginning of the year Regulations, shall be specially allocated items of Company income and gain for such Fiscal Year Period (and, if necessary, subsequent Fiscal YearsPeriods) in proportion to, and to the extent of, an amount equal to such Member’s share of the net decrease in Member Minimum GainGain attributable to such Member Nonrecourse Debt, determined in accordance with Regulations section Section 1.704-2(i)(4). Allocations pursuant to ) of the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Member pursuant theretoRegulations. The items to be so allocated shall be determined in accordance with Regulations sections Section 1.704-2(f)(62(i)(5) and 1.704-2(j)(2)of the Regulations. This Section 5.2(b3.01(c)(ii) is intended to comply with the partner Member minimum gain chargeback requirements in requirement of the Regulations and shall be interpreted and applied consistently therewith.

Member Minimum Gain Chargeback. Except as otherwise provided in Regulations section Section 1.704-2(i)(4), notwithstanding any other provision of this Article V VI, if there is a net decrease in Member Minimum Gain attributable to a Member Nonrecourse Debt during any Fiscal Year, any Member with a share of that Member Minimum Gain attributable to such a Member Nonrecourse Debt (as determined under Regulations section Section 1.704-2(i)(5)) as of the beginning of the year shall be allocated items of Company income and gain for such Fiscal Year (and, if necessary, subsequent Fiscal Years) in an amount equal to such Member’s share of the net decrease in Member Minimum Gain, determined in accordance with Regulations section Section 1.704-2(i)(4). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Member pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations sections Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 5.2(b6.1(b)(ii) is intended to comply with the partner minimum gain chargeback requirements in the Regulations and shall be interpreted and applied consistently therewith.

Member Minimum Gain Chargeback. Except as otherwise provided in Regulations section Section 1.704-2(i)(4)) of the Regulations, notwithstanding any other provision of this Article V Section 7, if there is a net decrease in Member Nonrecourse Debt Minimum Gain attributable to a Member Nonrecourse Debt during any Fiscal Allocation Year, any each Member with who has a share of that Member Minimum Gain attributable to such a the Member Nonrecourse Debt (as Debt, determined under Regulations section in accordance with Section 1.704-2(i)(5)) as of the beginning of the year Regulations, shall be specially allocated items of Company income and gain for such Fiscal Allocation Year (and, if necessary, subsequent Fiscal Allocation Years) in an amount equal to such Member’s 's share of the net decrease in Member Minimum GainNonrecourse Debt, determined in accordance with Regulations section Section 1.704-2(i)(4). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts amount required to be allocated to each Member pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations sections Sections 1.704-2(f)(62(i)(4) and 1.704-2(j)(2)of the Regulations. This Section 5.2(b) is intended to comply with the partner minimum gain chargeback requirements in the Regulations and shall be interpreted and applied consistently therewith.7.02

Member Minimum Gain Chargeback. Except as otherwise provided in Regulations section Section 1.704-2(i)(4), ) and notwithstanding any other provision of this Article V Agreement, if there is a net decrease in Member Minimum Gain attributable to a Member Nonrecourse Debt during any Fiscal YearCompany taxable year, any Member with each Person who has a share of that the Member Minimum Gain attributable to such a Member Nonrecourse Debt (as Debt, determined under in accordance with Regulations section Section 1.704-2(i)(5)) as of the beginning of the year , shall be specially allocated items of Company income and gain for such Fiscal Year year (and, if necessary, subsequent Fiscal Yearsyears) in an amount equal to such that Member’s share of the net decrease in Member Minimum Gain, determined in accordance with Regulations section 1.704-2(i)(4). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Member pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations sections Section 1.704-2(f)(62(i)(4) and 1.704-2(j)(2)(f)(5) of the Regulations. This Section 5.2(b3.3(d) is intended to comply with the partner minimum gain Member Minimum Gain chargeback requirements requirement in such Section of the Regulations and shall be interpreted and applied consistently therewith.

Member Minimum Gain Chargeback. Except as otherwise provided in Regulations section 1.704-2(i)(4), notwithstanding Notwithstanding any other provision of this Article V 10, except Section 10.02(a), if there is a net decrease in Member Minimum Gain attributable to a Member Nonrecourse Debt during any Company Fiscal Year, any each Member with who has a share of that the Member Minimum Gain attributable to such a Member Nonrecourse Debt (as Debt, determined under in accordance with Regulations section 1.704Section l.704-2(i)(5)) as of the beginning of the year , shall be specially allocated items of Company income and gain for such Fiscal Year year (and, if necessary, subsequent Fiscal Yearsyears) in an amount equal to such Member’s 's share of the net decrease in Company Minimum Gain attributable to such Member Minimum GainNonrecourse Debt, determined in accordance with Regulations section Section 1.704-2(i)(4). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Member pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations sections 1.704-2(f)(6Section 1.704- 2(i)(4) and 1.704-2(j)(2)of the Regulations. This Section 5.2(b10.02(b) is intended to comply with the partner minimum gain chargeback requirements requirement in such Section of the Regulations and shall be interpreted and applied consistently therewith.

Member Minimum Gain Chargeback. Except as otherwise provided in Regulations section Section 1.704-2(i)(4), notwithstanding any other provision of this Article V V, if there is a net decrease in Member Nonrecourse Debt Minimum Gain attributable to a Member Nonrecourse Debt during any Fiscal Year, any each Member with having a share of that the Member Nonrecourse Debt Minimum Gain attributable to such a Member Nonrecourse Debt (as Debt, determined under in accordance with Regulations section Section 1.704-2(i)(5)) as of the beginning of the year , shall be specially allocated items of Company income and gain for such Fiscal Year (and, if necessary, subsequent Fiscal Years) in an amount equal to such Member’s 's share of the net decrease in Member Nonrecourse Debt Minimum GainGain attributable to such Member Nonrecourse Debt, determined in accordance with Regulations section Section 1.704-2(i)(4). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Member pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations sections Sections 1.704-2(f)(62(i)(4) and 1.704-2(j)(22(i)(2). This Section 5.2(b) is intended to comply with the partner minimum gain chargeback requirements in the Regulations and shall be interpreted and applied consistently therewith.